Driver suing teen bicyclist she struck, killed

This photo, taken from a memorial Facebook group, shows 17-year-old Brandon Majewski before he was struck and killed by a motorist.

This photo, taken from a memorial Facebook group, shows 17-year-old Brandon Majewski before he was struck and killed by a motorist. ( Facebook.com )

Adrienne Cutway, Orlando Sentinel

A Canadian woman is claiming emotional trauma in a lawsuit she filed against a teen she struck and killed with her SUV, the Toronto Sun is reporting.

The parents of 17-year-old Brandon Majewski are still haunted by the loss of their son, and for them news of the lawsuit felt like a kick in the stomach.

Brandon and his two friends were on their bicycles around 1 a.m. Oct. 28, 2012 when an SUV driven by Sharlene Simon struck all three teens from behind.

The other two boys, who both survived, are named in the lawsuit as well as Brandon, his parents and his brother who died six months after the accident from an overdose on pills and alcohol, according to the Sun. The lawsuit also blames the County of Simcoe for failing to properly maintain the roads.

Simon says in the lawsuit that she has suffered from depression, anxiety, irritability and post-traumatic stress since the accident, and she calls the boys "incompetent bicyclists" for failing to "apply their brakes properly." She's seeking $1.35 million in damages.

Police reports from the night of the accident note that Simon was driving about 10 kilometers per hour over the speed limit. Her husband, a local police officer, was driving behind her at the time. Although a breathalyzer test wasn't administered, Brandon's family told the Sun they believe Simon was intoxicated and on her cellphone at the time of the crash.

There is also a lawsuit against Simon to cover funeral and medical costs.

An event called "Justice for Brandon Majewski" is being held Sunday to rally in support of the family and a Change.org petition has been created calling for the local police chief to conduct a "thorough investigation" of the crash.

"Show the Majewski family support, you don't sue the family of the child you hit and killed," the petition reads.